FDIC Law, Regulations, Related Acts

6500 - Consumer Financial Protection Bureau

Appendix B to Part 1003Form and Instructions for Data Collection
on Ethnicity, Race, and Sex

[Text of appendix effective until January 1, 2018.]

I. Instructions on Collection of Data on Ethnicity,
Race, and Sex

You may list questions regarding the ethnicity, race, and sex of the
applicant on your loan application form, or on a separate form that
refers to the application. (See the sample form below for model
language.)

II. Procedures

A. You must ask the applicant for this information (but you cannot
require the applicant to provide it) whether the application is taken
in person, by mail or telephone, or on the internet. For applications
taken by telephone, the information in the collection form must be
stated orally by the lender, except for that information which pertains
uniquely to applications taken in writing.

B. Inform the applicant that the Federal government requests this
information in order to monitor compliance with Federal statutes that
prohibit lenders from discriminating against applicants on these bases.
Inform the applicant that if the information is not provided where the
application is taken in person, you are required to note the data on
the basis of visual observation or surname.

C. You must offer the applicant the option of selecting one or
more racial designations.

D. If the applicant chooses not to provide the information for an
application taken in person, note this fact on the form and then note
the applicant's ethnicity, race, and sex on the basis of visual
observation and surname, to the extent possible.

E. If the applicant declines to answer these questions or fails to
provide the information on an application taken by mail or telephone or
on the internet, the data need not be provided. In such a case,
indicate that the application was received by mail, telephone, or
Internet, if it is not otherwise evident on the face of the
application.